An Encroachment Permit authorizes the placement, use, or continued presence of certain private improvements or temporary uses within the unused portion of a Benton County Road right-of-way located in unincorporated Benton County.
The permit helps ensure that encroachments do not interfere with public travel, roadway maintenance, drainage, utilities, or public safety.
An Encroachment Permit does not authorize construction activities. If installation of the encroachment requires excavation, trenching, boring, grading, paving, or any other disturbance within the County right-of-way, a separate Right-of-Way (ROW) Construction Permit is also required.
Road Approach Do I Need and Encroachment Permit?
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Placing a fence, landscaping, decorative rock, retaining wall, non-standard mailbox, irrigation system, or other private improvement within the County right-of-way |
Encroachment Permit |
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Placing a temporary dumpster, storage container, event tent, or similar temporary object within the County right-of-way |
Encroachment Permit |
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Closing a County road for a neighborhood event, parade, or other non-construction activity |
Encroachment Permit (Traffic Control Plan required) |
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Installing a water service, sewer service, utility line, or other improvement that requires excavation within the County right-of-way |
Encroachment Permit and Right-of-Way Construction Permit |
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Excavating, trenching, boring, paving, grading, or otherwise disturbing the County right-of-way |
Right-of-Way Construction Permit |
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Constructing a new driveway connection or modifying an existing driveway connecting to a County road |
Road Approach Permit |
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Constructing new subdivision roads or roadway improvements associated with a subdivision |
Road Construction Plans Application |
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Installing utility facilities under an active Benton County Franchise Agreement |
Right-of-Way Construction Permit (Encroachment Permit generally not required) |
Not sure which permit you need? Contact Benton County Public Works Development Review before submitting your application. Staff can help determine the appropriate permit(s) for your project.
When is an Encroachment Permit Required?
An Encroachment Permit is generally required for the placement of objects or improvements within the County right-of-way, including, but not limited to:
- Fences
- Non-standard mailboxes
- Landscaping features
- Decorative rock
- Retaining walls
- Irrigation systems
- Private utility crossings
- Water or sewer services
- Temporary dumpsters
- Temporary storage containers
- Community event tents or booths
- Temporary barricades for non-construction events
- Temporary road closures associated with community events
- Other private improvements located within the County right-of-way
Each application is reviewed individually. Additional permits may be required depending on the proposed activity.
When is a Right-of-Way Construction Permit Also Required?
If installation of the encroachment requires work within the County right-of-way, a Right-of-Way Construction Permit is also required.
Examples include:
- Excavation
- Trenching
- Boring
- Paving
- Utility installation
- Culvert installation
- Sidewalk construction
- Any disturbance of the County roadway or right-of-way
Franchise Agreements
Utility companies or agencies with an active Benton County Franchise Agreement generally do not require an Encroachment Permit for facilities authorized under their franchise agreement.
However, all construction activities within the County right-of-way still require a Right-of-Way Construction Permit.
Branch Encroachments That Cannot Be Approved
Some encroachments cannot be approved within the County right-of-way because they create safety hazards or conflict with County standards.
Business and Advertising Signs
Business signs, advertising signs, and billboards are not permitted within the County right-of-way.
Tourist and Special Interest Signs require a separate permit application.
Franchise Agreements Fixed Objects Within the Clear Zone
The clear zone is the unobstructed roadside area that allows drivers an opportunity to safely recover if they leave the traveled roadway.
During permit review, Benton County Public Works evaluates proposed encroachments using the Washington State Department of Transportation (WSDOT) Design Manual, Chapter 1600, including Exhibit 1600-2 (Design Clear Zone Distance Table).
Objects located within the required clear zone may not be approved.
Image source: M22-01.23 Design Manual Chapter 1600 Roadside Safety
Sight Distance Obstructions
Encroachments may not obstruct:
- Stopping sight distance
- Intersection sight distance
- Driveway sight triangles
County staff evaluate each proposal to ensure the encroachment will not reduce visibility for motorists or create unsafe conditions for vehicles entering or leaving County roads.
Application Completeness
Benton County Public Works reviews applications in the order they are received.
Incomplete applications will not be accepted for review.
Applications missing required information or supporting documents will not enter the review process until all required information has been submitted.
Public Works may request additional information or revised plans during review to determine compliance with County standards and public safety requirements.
Review Process
Once a complete application has been submitted:
- Public Works reviews the proposed encroachment.
- Staff evaluate roadway safety, clear zone requirements, sight distance, drainage, maintenance access, and utility conflicts.
- Review comments are provided if revisions or additional information are required.
- Once all review comments have been addressed, the permit is issued.
Installation or placement of the encroachment may not begin until the permit has been issued.
Final Approval
Following installation, Benton County Public Works may perform a field inspection to verify the encroachment has been installed in the approved location and complies with permit conditions.
Additional inspections may be required depending on the type of encroachment.
Before You Apply
The Encroachment Permit application is available only through Benton County's Citizen Self Service Portal (CSS).
Before beginning your application, gather the required information and documents listed below.
Applications that are incomplete or missing required documentation will not be accepted for review.
Required Documents
Site Plan
A detailed site plan is required with every application.
The site plan shall clearly identify:
- Property boundaries
- County right-of-way limits
- Edge of pavement
- Proposed encroachment
- Dimensions and offsets
- Driveways
- Sidewalks (if applicable)
- Drainage facilities
- Existing utilities
- North arrow
- Scale
- Parcel number
- Applicant contact information
The site plan shall provide sufficient information for Public Works to evaluate:
- Clear zone requirements
- Sight distance
- Drainage
- Utility conflicts
- Road maintenance access
- Public safety
Encroachment Permit Conditions
Applicants shall review, sign, and upload the Benton County Encroachment Permit Conditions.
The Conditions Page must be signed by the property owner, even if the application is submitted by a contractor or authorized representative.
The signed Conditions Page acknowledges acceptance of all permit conditions. Additional project-specific conditions may be added during the review process and will become part of the final permit.
The Conditions Page is available for download from the Benton County Public Works website.
Additional Documents (When Required)
Depending on the proposed encroachment, additional documentation may be required.
Traffic Control Plan (TCP)
A Traffic Control Plan (TCP) is required when the application includes a temporary road closure for a block party, community event, parade, or other non-construction activity affecting traffic.
A TCP is not submitted with an Encroachment Permit application if the project also requires a Right-of-Way Construction Permit. In those cases, the TCP is submitted with the ROW Construction Permit application.
Other Supporting Information
Public Works may request additional documentation to complete the review, including:
- Photographs
- Additional drawings
- Manufacturer specifications
- Easement information
- Other supporting documents necessary to evaluate the request
Before You Begin Your CSS Application
Before starting your application, verify that you have:
☐ A detailed site plan.
☐ A signed Encroachment Permit Conditions form.
☐ A Traffic Control Plan (if required).
☐ All supporting documentation needed for your specific request.
☐ Verified that all application information is complete, accurate, and ready for upload.
Incomplete applications or applications missing required documentation will not be accepted for review.
Questions?
If you have questions regarding Encroachment Permits, application requirements, or the permit review process, please contact Benton County Public Works Development Review before submitting your application.
Email: pwpermits@co.benton.wa.us
Phone: (509) 786-5611
Public Works staff are available to assist applicants with application requirements, permit procedures, and determining which Public Works permit is appropriate for their project.